[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood 12-18-2023 by Ord. No. 23-12-18-1. Amendments noted where applicable.]
The purpose of this chapter is to establish policies and procedures
for constructing and maintaining all facilities utilizing rights-of-way
within the Village's jurisdiction, which will provide public
benefit consistent with the preservation of the integrity, safe usage,
and visual qualities of the Village rights-of-way and the Village
as a whole. This applies to all facilities on, over, above, along,
upon, under, across or within the public rights-of-way. Nothing herein
shall be construed to limit the ability of the Village to regulate
its rights-of-way for the protection of the public health, safety,
and welfare.
In enacting this chapter, the Village intends to exercise its
authority over rights-of-way in the Village and, in particular, the
use of public ways and property by utilities and others desiring to
utilize rights-of-way, by establishing uniform standards to address
issues presented by such facilities, including, without limitation,
to:
A.
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
B.
Prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
C.
Prevent interference with the facilities and operations of the Village's
utilities and of other utilities lawfully located in rights-of-way
or public property;
D.
Protect against environmental damage, including damage to trees,
from the installation of utility facilities;
E.
Prevent visual blight from the proliferation of facilities in the
rights-of-way;
F.
Preserve the character of the neighborhoods in which facilities are
installed;
G.
Assure the continued safe use and enjoyment of private properties
adjacent to utility facilities locations;
H.
Preventing proliferation of facilities utilizing rights-of-way or
areas adjacent to rights-of-way which would increase the expense of
maintenance and the cost of repair, rebuilding, or expansion of rights-of-way;
I.
Keep roadside ditches and culverts clean and maintained properly
so they can adequately convey stormwater;
J.
Prevent unauthorized changes to public stormwater facilities that
affect properties up and down stream; and
K.
Outline maintenance expectations for owners of properties adjacent
to public right-of-way.
It shall be the duty of the Village Administrator or his or
her designee to administer and enforce the regulations contained herein.
Nothing in this chapter shall be construed as limiting any additional
or further remedies that the Village may have for enforcement of this
chapter.
When this chapter imposes a greater restriction than those imposed
or required by the provisions of another existing chapter or rules
and regulations, this chapter shall control. When the provisions of
existing chapters or rules and regulations impose greater restrictions
than those imposed or required by this chapter, they shall control.
In the event that applicable federal or state laws or regulations
conflict with the requirements of this chapter, the applicant shall
comply with the requirements of this chapter to the maximum extent
possible without violating federal or state laws or regulations.
The Village will use sound engineering judgment when administering
this chapter and may vary the standards, conditions, and requirements
expressed in this chapter when the Village so determines it is necessary
and consistent with sound engineering judgement. Nothing herein shall
be construed to limit the ability of the Village to regulate its rights-of-way
for the protection of the public health, safety, and welfare.
For the purpose of this code, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Any term not defined in this chapter shall have the meaning
ascribed to it in 92 Ill. Adm. Code 530.30, unless the context clearly
requires otherwise.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
Any person or entity, firm, corporation or other legal entity
applying for a permit under this chapter.
American Society of Landscape Architects.
American Society for Testing and Materials.
American Water Works Association.
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 or conduit by means of a rotating
cutting head or auger. See "horizontal directional drilling."
The pipe enclosing the liquid, gas or slurry to be transported.
A structural protective enclosure for transmittal devices
such as carrier pipes, electrical conductors, and fiber optic devices.
The total roadside border area, starting at the edge of the
pavement, available for safe use by errant vehicles. This area may
consist of a shoulder, a recoverable slope, a nonrecoverable slope,
and a clear run-out area.
Wire carrying electrical current.
A casing or encasement for wires or cables.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification, reconstruction, or abandonment
in place of facilities.
A mixture of portland cement, fly ash, fine aggregate, and
water. The mix shall be proportioned to provide a backfill material
which is self-compacting and capable of being excavated with hand
tools, if necessary, at a later date. Materials and proportioning
shall comply with Article 593 of the Illinois Department of Transportation
Standard Specifications for Road and Bridge Construction, latest edition.
The depth of earth or backfill over a buried utility line,
conductor, conduit, carrier pipe.
A facility that crosses one or more right-of-way lines.
A conduit for the passage of surface drainage water under
a roadway, driveway approach, railroad, or other surface impediment.
The rate of outflow of water from a stormwater drainage or
stormwater detention facility.
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 purpose. 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 but shall not include the parking of vehicles or equipment
in a manner that does not materially obstruct the flow of traffic
on a roadway or street.
A privately maintained roadway located within a public right-of-way
providing access for vehicles between a public street and private
property.
An outlet from a sump pump, footing tile, field tile, or
other source which may discharge at times other than during periods
of rainfall and pursuant to direct surface runoff.
A receptacle designed for the disposal of litter, trash,
refuse, or recycled materials.
Any immediate maintenance to a facility required for the
safety of the public using or in the 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.
A private improvement, structure or obstruction extending
into or located within, upon, above or under any public right-of-way
or public easement.
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.
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, street lights, grates, covers, pipes, cables, and
appurtenances, signs thereto, together with any natural vegetation,
screening, and other materials installed or planted to hide or otherwise
camouflage any of the forgoing) 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 Village.
A constructed barrier erected as a means of protection or
confinement to enclose or screen areas of land.
An underground means of controlling the movement of an animal
by emitting an electrical signal when the animal wearing an electronic
collar nears the boundary of the fence.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station
located outside of the right-of-way.
Lighting entering the eye directly from a light fixture or
indirectly from reflective surfaces that causes visual discomfort
or reduced visibility.
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the Village to pose an unreasonable and imminent risk to the life,
health or safety of persons or property or to the ecological balance
of the environment, including, but not limited to, explosives, radioactive
materials, petroleum or petroleum products or gases, poisons, 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 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.
A steerable system for installing pipes, conduits, or cables
using a drilling machine which is located on the surface of the ground.
The HDD equipment drills a pilot bore hole through the soils in a
shallow arc, exiting the soils at a predetermined location. The pilot
hole is enlarged by pulling back a reaming tool and product/carrier
pipe to the drill rig location.
Illinois Commerce Commission.
Illinois Department of Transportation.
Illinois Environmental Protection Agency.
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 consolidate loose backfill.
The use of pole lines, trenches, conduits, or other facilities
by two or more utilities.
The one-call joint utility locating system in Illinois.
Light falling where it is not wanted or needed (also referred
to as "spill light" or "obtrusive light").
Traffic whose immediate destination is within the limits
of construction or right-of-way closure, for access to real property
not otherwise accessible by other means.
Microtunneling is a one- or two-pass tunneling method, which
utilizes a remotely controlled Micro Tunnel Boring Machine (MTBM)
which can control the volume of excavated soils entering the MTBM,
to install a carrier pipe or conduit to the required tolerances for
line and grade.
Illinois Manual on Uniform Traffic Control Devices.
National Electrical Code.
To place any tangible object in a right-of-way to hinder
free and open passage over that or any part of the right-of-way.
The presence of facilities on, over or under right-of-way.
When applied to property, includes any part owner, joint
owner, purchaser, and seller under a contract and/or deed, or tenant
in common of the whole or part of the property, and includes any beneficiary
of a land trust which owns property.
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, sidewalk,
or bike path.
The removal of an area of pavement for access to a facility
or for the construction of a facility.
Any security that may be accepted by the Village as a guarantee
that the improvements and repairs required as a part of facility installation
are satisfactorily completed.
That entity to which a permit has been issued for use of
right-of-way pursuant to the terms of this chapter.
Any legal person; includes associations, partnerships, corporations,
joint ventures and bodies politic and corporate as well as individuals.
Pipelines carrying crude or refined liquid petroleum products,
including but not limited to gasoline, distillates, propane, butane,
or coal slurry.
A container used for temporary storage of non-waste items.
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
Village. If no time period is specified, the period shall be 15 calendar
days.
Includes all property except real.
Land and whatever is erected, growing upon, or affixed to
land.
A legal entity that constitutes or is part of the government,
whether at local, state, or federal level.
Street pavements, public walkways, monuments, water mains,
sanitary sewers, storm drain lines, street signs, streetlights, drainage
ditches, culverts, and appurtenances to the foregoing items owned,
operated and maintained by the Village and for use by the public.
Land set aside or over which a liberty, privilege, or advantage
in land existing distinct from the ownership of the land is granted
to the public for limited use for a public purpose.
Repair of a right-of-way, highway, roadway, or other area
disrupted by the construction of a facility to a condition equal or
better than what existed prior to the repair.
The area on, below, or above land dedicated to a public roadway,
highway, street, public sidewalk, or alley dedicated for transportation
and other compatible uses.
That part of the right-of-way that includes the pavement,
shoulders, curbs, and roadside drainage ditches.
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.
A pipe, conduit, cable, wire, or other similar facility intended
to make a connection between a utility-owned facility and provide
service an adjacent property.
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.
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 nontraffic sensitive service for
a single customer that entitles the customer to exclusive or priority
use of a communications channel, or a group of such channels, from
one or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value added services in which
computer processing applications are used to act on the form, content,
code and protocol of the information for purposes other than transmission.
"Telecommunications" shall not include purchase of telecommunications
by a telecommunications service provider for use as a component part
of the service provided by such provider to the ultimate retail consumer
who originates or terminates the end-to-end communications. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
Chs. 521 and following), as now or hereafter amended, or cable or
other programming services subject to an open video system fee payable
to the Village through an open video system as defined in the rules
of the Federal Communications Commission (47 CFR 76.1500 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.
Includes every person engaged in making sales of telecommunications
at retail as defined herein.
A relatively narrow open excavation for the installation
of an underground facility.
The individual, unit of local government, corporation or
entity owning or operating any "facility" as defined in this chapter.
Growing plants, grasses, and ground cover.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
That term as defined in Chapter 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 Illinois Compiled Statutes
21-201(v).
The Village of Oakwood, Vermilion County, Illinois.
A professional engineer, registered as such and licensed
to practice in the State of Illinois, and employed by the Board of
Trustees of the Village of Oakwood, to provide technical expertise
and counsel.
The area within the vertices of an isosceles triangle whose
two equal legs are to be measured along the right-of-way lines of
the adjoining or intersecting streets or roads (or extensions thereof).
The triangle shall be formed by a diagonal line connecting two points
measured on the right-of-way lines of the intersecting streets located
30 feet from the point of intersection at the street right-of-way
lines.
Pipelines carrying raw or potable water.
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of a pipe, or boring using water under pressure
at the cutting auger to soften the earth and to provide a slurry for
the excavated material.
This chapter applies to all facilities on, over, above, along,
upon, under, across, or within the Village-controlled rights-of-way.
A facility lawfully established prior to the effective date of this
chapter may continue to be maintained, repaired, and operated by the
utility as presently constructed and located, except as may be otherwise
provided in any applicable franchise, license or similar agreement.
Other activities subject to this chapter are any type of construction
activity, tree planting, landscape planting, mailbox installation,
placement of personal property or any activity that results in a closure
of one or more lanes of traffic.
Except otherwise provided, no person shall cause, create, or
maintain any obstruction, encroachment, or disruption of any Village
rights-of-way without a permit or approval from the Village. The Village
is not responsible for repair or replacement of any obstructions,
disruptions or encroachments located in public rights-of-way.
A.
Signage. Placement of signage, other than government-placed signage, including wayfinding signage, is prohibited on public rights-of-way except where permitted by Chapter 290, Zoning.
B.
Barriers. Construction or maintenance of structures, fences, posts,
barriers, or other decorative or preventative materials is prohibited
on public rights-of-way.
C.
Personal property. The presence of unattended personal property in
the right-of-way shall be prohibited.
(1)
This includes but is not limited to the placement of the following
on public rights-of-way:
(a)
Permanent or portable basketball hoops, soccer goals, or other
sports equipment.
(b)
Driveway approach ramps.
(c)
Boulders, rocks, and other hazardous landscaping material.
(d)
Mailboxes that do not meet standards required by the United
States Postal Service (USPS) and as outlined herein.
(e)
The construction or placement of personal utility service lines
that do not meet the standards outlined herein.
(f)
Objects that obstruct the flow of stormwater runoff.
(g)
Objects that create a hazard for the traveling public.
(2)
Except as otherwise authorized by this code, no person shall use
any rights-of-way for the placement or storage of unattended personal
property unless such person has obtained a permit pursuant to this
code. Unauthorized unattended personal property on the rights-of-way
shall be presumed abandoned and may be removed, disposed of or salvaged
by the Village.
(3)
If the unattended personal property belongs to the property owner,
tenant, or former tenant, of the real estate immediately adjacent
to the location of the unattended personal property, the owner of
such adjacent real estate shall, upon notice from the Village, cause
prompt removal of the unattended personal property and upon failure
to do in the time frame indicated in the Village notice, the Village
may remove the unattended personal property and file a lien for the
reasonable costs of the removal.
D.
Lawn sprinkler/irrigation systems. Any construction, maintenance,
and/or marking of personal lawn sprinkler or irrigation systems installed
within or below the public rights-of-way is the sole responsibility
of the owner of the property outside of the public right-of-way for
which the personal lawn sprinkler or irrigation system serves.
(1)
Any damage caused to the public right-of-way or public infrastructure
by the placement of a personal lawn sprinkler or irrigation system
will be the sole responsibility of the owner to pay for the cost to
repair the damage.
(2)
The irrigation system owner is responsible for properly marking the
system prior to construction work within the right-of-way. Any irrigation
system that interferes with existing or proposed work within public
right-of-way must be relocated as to not interfere. Relocation of
interfering irrigation systems will be the sole responsibility and
cost of the system owner.
(3)
The Village and any other entity authorized to do work within the
right-of-way is not responsible for any damages done to or costs associated
with any irrigation system that interferes with work within the public
right-of-way.
E.
Fences. The construction of personal property fences including electronic
fences on, or below public rights-of-way is prohibited.
F.
Street trees, grass, landscaping, and other vegetation.
(1)
Street trees. Any person that desires to plants tree(s) within the right-of-way must first obtain a permit from the Village prior to planting. Any tree planted must comply with provisions within Chapter 240, Streets and Sidewalks, Article V, Trees, Shrubs and Plants on and Affecting Public Property.
(2)
Maintenance of street trees, grass, landscaping, and other vegetation. In accordance with Chapter 200, Nuisances, and Chapter 240, Streets and Sidewalks, Article V, Trees, Shrubs and Plants on and Affecting Public Property, plants, weeds, and trees within the right-of-way must be maintained by the adjacent property owner.
(a)
It is the responsibility of the adjacent property owner to maintain
grass, trees, bushes, flowers, or other ornamental plants within the
public right-of-way.
(b)
Plantings within the right-of-way shall not interfere with the
visibility triangle for any roadway intersection. Any planting that
interferes with the visibility at any intersection is hereby declared
to be a nuisance.
(c)
It shall be unlawful for anyone to permit any weed, grass, or
plant, other than trees, bushes, flowers, or other ornamental plant,
to grow to a height exceeding 12 inches anywhere in the right-of-way.
Any plant or weed exceeding this height is hereby declared to be a
nuisance.
(d)
Mowing discharge from maintenance activities must be removed
from sidewalks and streets in compliance with applicable Illinois
state laws: 415 ILCS Ch. 105, Litter Control Act.
(e)
Any tree or vegetation planted on private property and/or within
the public right-of-way that encroaches or hangs over into the public
right-of-way and interferes with a sidewalk or street is the responsibility
of the adjacent property owner or the private property owner for where
the offending vegetation is located to trim the vegetation back to
provide an appropriate clearance next to and above the affected public
infrastructure.
(f)
It's the responsibility of the adjacent property owner
to remove or cut back any vegetation growing within the sidewalk joints
or encroaching along sidewalk edges.
(g)
It shall be unlawful to spray, inject, or pour any chemicals
on or near any trees, shrubs, grass or other vegetation in the right-of-way
for the purpose of killing plantings to avoid maintenance responsibilities.
G.
Landscape waste and debris.
(1)
Landscape waste and debris may only be placed in the right-of-way in accordance with the Village Landscape Waste Collection Programs outlined in Chapter 231, Solid Waste.
(2)
Placement of grass clipping debris, tree limbs and similar landscape waste on the public right-of-way, sidewalk, roadway, ditch, or other public facility when not in compliance with Village Landscape Waste Collection Programs shall be declared a public nuisance. Abatement measures shall follow the required actions outlined in Chapter 200, Nuisances.
H.
Sidewalk snow removal. Snow removal for sidewalks within the public
right-of-way shall be the responsibility of the owner of the property
adjacent to the sidewalk.
I.
Parking. Standing or parking a private vehicle in the public right-of-way,
whether occupied or not, except momentarily to load or unload passengers
shall be prohibited in the following locations:
(1)
On a sidewalk;
(2)
Within 15 feet of a fire hydrant;
(3)
Within 20 feet of a crosswalk at an intersection;
(4)
Within 30 feet upon the approach to any flashing signal, stop sign,
yield sign or traffic control signal located at the side of a roadway;
(5)
At any place where official signs prohibit standing or parking; and/or
(6)
Within the parkway on an unimproved or grass surface.
J.
Mailboxes. Mailboxes or cluster box units and supporting structures
may be installed in public rights-of-way, provided said mailbox and
supporting structure is erected and located in accordance with the
requirements of the United States Postal Service (USPS), does not
interfere with on-street parking or, Village roadway maintenance,
such as snow removal activities and snow hold areas and are subject
to the following conditions:
(1)
All mailboxes.
(a)
The owner of the mailbox shall be responsible for all costs
for installation and maintenance of the mailbox and mailbox structure.
(b)
It shall be unlawful to install, maintain or connect utility
lines to mailbox structures for any purpose. Residents should take
all necessary precautions to prevent damage to any existing utilities
located in the parkway.
(c)
Replacement of improperly installed or nonconforming mailboxes
damaged during snow removal or other municipal work will be the responsibility
of the property owner.
(d)
The Village will not repair or replace any damaged mailbox unless
said damage was caused solely by the Village and unless said mailbox
is considered conforming and was removed due to parkway maintenance,
road widening or utility installation by the Village or its contractors.
(e)
Notice is hereby given that in the event of any claim, lawsuit,
cause of action or liability against the Village arising out of any
damage to persons or property caused by or alleged to be caused by
any such mailbox and/or its supporting structure which has been installed
in the public right-of-way, the Village shall seek indemnification,
contribution and/or otherwise seek to recover its expenses in defending
any such action and/or damages suffered from the owner of the premises
and/or any other party or parties responsible for installing such
mailbox and/or structure in the public right-of-way.
(f)
Reflective material should be placed on the side of the mailbox
visible to approaching traffic.
(2)
Mailboxes and mailbox structures that hold up to four individual
mailboxes on one supporting post.
(a)
Any location change of an existing mailbox or establishment
of a new mailbox must be approved by the Village and by USPS.
(b)
No part of the structure on which the mailbox rests or which
holds or supports it or the face of the mailbox shall be closer than
eight inches from the back of curb or if there is no curb the location
shall be determined on a case-by-case basis and approved by the Village.
(c)
The supporting post shall be no closer than 18 inches from the
back of a curb or edge of pavement (if there is no curb), and posts
shall be constructed of materials having sufficient strength to withstand
forces of snow applied during normal roadway snow plowing operations.
(d)
Mailbox supporting structures should be constructed of four-inch-by-four-inch
wood posts or a two-inch-diameter thin-wall steel pipe. Supporting
structures that are more substantial in construction will be considered
nonconforming hazardous fixed objects and are not permitted.
(e)
If a conforming mailbox is damaged during municipal work, it
will be replaced with a model 1C or equivalent box and four-inch-by-four-inch
wood post or a two-inch-diameter thin-wall steel pipe support structure.
(3)
Cluster box units (CBUs).
(a)
Cluster box units (CBUs) may be supported by a cluster box pedestal
as approved by the USPS.
(b)
If a conforming CBU mailbox is damaged during municipal work,
cluster box units will be replaced with the appropriate compliant
unit.
(c)
CBU mailbox locations must be approved by the Village, which
could be part of an overall development plan for the area to be served
by the CBU.
(d)
CBU mailboxes must be placed at least six feet from a curb edge
or street pavement (if there is no curb) and must be placed on the
back side of a public sidewalk and not located between the sidewalk
and the street pavement unless an alternative location is approved
by the Village.
K.
Dumpster, equipment and construction material storage. The placement
and storage within the public right-of-way of a dumpster, portable
storage container, and/or construction materials shall require a permit
from the Village. The holder of a right-of-way storage permit for
a dumpster, equipment, portable storage container and/or construction
materials container shall comply with the following restrictions and
requirements:
(1)
Only dumpsters, equipment, portable storage containers, or construction
materials container identified in the permit shall be stored pursuant
to said permit and only in the location identified on the permit.
(2)
Any dumpsters, equipment, portable storage containers, or construction
materials stored pursuant to the permit shall be positioned in the
right-of-way in a manner that maximizes the area on the right-of-way
that will remain unobstructed for use by the public.
(3)
Lids or doors on any stored dumpster or portable storage container
shall remain closed and secure except when said dumpster or container
is being loaded or emptied.
(4)
No trash or other refuse shall be stored or allowed to remain outside
of a dumpster or portable storage container, and the area immediately
around the dumpster or containers shall be maintained in a clean and
sanitary manner.
L.
Stormwater discharge onto public property. The purpose of this section is to regulate stormwater discharge onto public property. Any regulation outlined by this section shall be superseded by Chapter 144, Drainage, Article I, Stormwater Control, of the Village of Oakwood Code if those requirements are more stringent than those outlined herein.
(1)
Discharges. Stormwater and groundwater discharges onto public right-of-way
and direct connections to any public stormwater infrastructure are
prohibited, as stated below, unless a permit is issued by the Village.
(a)
Sump pumps installed to receive or discharge groundwater or
stormwater runoff shall be connected to a storm drain where possible
or discharged into a designated stormwater drainage facility. No sump
pump shall discharge directly onto a street surface or public sidewalk.
Sump pumps are prohibited from discharging in any way that would cause
water to flow onto any public sidewalks, roadways, or driveway approaches
within the public right-of-way. No sump pump outlets shall be connected
to or discharged into a sanitary sewer.
(b)
Footing drains and drainage tile lines shall discharge into
a storm drain or other designated stormwater drainage facility. No
footing drains or drainage tile lines shall be connected to a sanitary
sewer or be discharged directly onto a roadway surface or public sidewalk.
(c)
Downspouts and roof drains shall discharge onto the ground outside
of the public right-of-way or be connected to a storm drain. No downspouts
or roof drains shall be connected to a sanitary sewer or be discharged
directly onto a roadway surface or public sidewalk.
(d)
Sump pumps, footing drains, downspouts, and other dry-weather
water outlets shall discharge at a distance from the property line
that is sufficient to allow for water absorption into the ground but
not less than five feet away from the nearest property line. Such
outlets shall not discharge directly onto an adjacent property. If
five feet is not sufficient for proper water absorption, the offending
property must remediate to a distance that will allow for proper absorption.
(2)
Permit required.
(a)
No person shall hereafter construct, build, establish, replace,
or maintain any dry-weather water outlet which discharges onto a public
right-of-way, public street, public sidewalk, roadside ditch, or other
public property maintained by the Village without first obtaining
a permit to do so. Dry-weather water outlets are prohibited from discharging
directly onto any public property, public right-of-way, public street,
or public sidewalk if such discharge creates or contributes to a public
hazard or public nuisance.
M.
Driveway approaches. Any person that desires to construct a driveway
approach within the right-of-way must first obtain a permit from the
Village prior to construction, replacement, or alteration of a driveway
approach. All driveway approaches hereafter constructed, replaced,
altered, established or maintained shall conform with applicable provisions
of this chapter. Maintenance and installation of a driveway approach
and the costs thereof shall be the responsibility of the owner of
the property served by the driveway approach. The owner shall at all
times maintain the driveway approach within and any culvert beneath
the Village right-of-way in a reasonable condition which allows water
to flow free and clear of obstruction. The Village may perform routine
maintenance of the culvert beneath a driveway approach as needed and
may request that the owner repair or replace any driveway approach
that doesn't meet the requirements of this chapter. The replacement
of any culvert beneath a driveway approach shall be the responsibility
of the driveway owner at said owner's expense.
N.
Parking spaces. Any person that desires to construct, replace or
alter a parking space within the right-of-way adjacent to their private
property must first obtain a permit from the Village prior to construction,
replacement, or alteration of a parking space. A detailed plan including
construction plans for installation of a parking space within the
public right-of-way must be submitted with any permit request. Any
permit issued is at the sole discretion of the Village, and information
submitted with a permit request will be reviewed for safety and community
need. Any constructed parking space is for public use only.
O.
General construction and excavation. 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
most recent IDOT publications, as amended from time to time.
(1)
Permit required. No person shall hereafter construct, build, establish,
modify, or replace a driveway, approach, sidewalk, culvert, or utility
in a street or alley right-of-way maintained by the Village without
first obtaining a permit to do so, as hereinafter provided. Residents
or entities may obtain the application and permit forms for construction
and excavation in public rights-of-way from the Village. Completed
applications shall be submitted to the Village, along with a nonrefundable
fee for processing and construction inspection. Fees shall be as determined
from time to time by the Village Board of Trustees.
(a)
Upon review of the permit application, the Building Inspector
shall determine whether the proposed construction conforms to the
requirements of any relevant ordinance(s), Village codes and regulations.
If it does, the Building Inspector shall issue the permit for construction.
If the proposed construction does not conform to the requirements,
the Building Inspector shall deny issuance of the permit. If approval
is denied, the applicant may appeal to the corporate authorities for
a deviation to the decision of the Building Inspector.
(b)
The corporate authorities may vary or adapt the strict application
of any of the requirements of this chapter where the strict application
would result in practical difficulty or unnecessary hardship that
would deprive the owner of the reasonable use of the land.
P.
Utilities. Utilities on, over, above, along, upon, under, across,
or within the Village-controlled rights-of-way shall conform with
regulations set forth in this chapter.
Q.
Utility service lines. All utility service lines within the public
right-of-way shall be owned, operated, and maintained by the utility.
Privately owned utility service lines located within the public right-of-way
are prohibited.
R.
Small wireless facilities. Any person constructing, building, establishing,
replacing, or maintaining a small wireless facility in a public right-of-way
maintained by the Village shall comply with the regulations set forth
in Chapter 96 of this Code of Ordinances.[1]
[1]
Editor's Note: So in original.
T.
Outdoor dining, seating, or retail sales. Any person that desires
to establish outdoor dining, seating, or retail sales that are associated
with an adjacent business which would be located on or partially on
any part of the public right-of-way must first obtain a permit from
the Village to do so. A detailed plan for use of the public right-of-way
must be submitted with any permit request. Any permit issued is at
the sole discretion of the Village, and information submitted with
a permit request will be reviewed for safety and community need. The
permit may also limit the duration of the use of the public right-of-way
and may require periodic renewal based on seasonal needs.
U.
Mobile food vendors and food trucks. Any person that desires to operate
as a mobile food vendor while on the public right-of-way must first
obtain a permit from the Village to do so. Any request will be reviewed
based on any established mobile food vendor program guidelines, and
any permit issued is at the sole discretion of the Village.
V.
Glare and light trespass. Any lighting installed on adjacent private
property should be installed to minimize glare and excessive light
trespass within the public right-of-way. At the sole discretion of
the Village, a request may be made to any owner of installed lighting
which is determined to cause glare and excessive light trespass, to
remove, discontinued use or alter existing lighting to eliminate the
glare and excessive light trespass onto public right-of-way.
A.
Franchises, licenses, or similar agreements. The Village, in its
discretion and as limited by law, may require utilities to enter into
a franchise, license or similar agreement for the privilege of locating
their facilities on, over, above, along, upon, under, across, or within
the Village rights-of-way. Utilities that are not required by law
to enter into such an agreement may request that the Village enter
into such an agreement. In such an agreement, the Village may provide
for terms and conditions inconsistent with this chapter.
(1)
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, 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.
B.
Annual registration required. Every utility that occupies right-of-way
within the Village shall register on January 1 of each year with the
Village, providing the utility's name address and regular business
telephone and telecopy numbers, email contact, the name of one or
more contact persons who can act on behalf of the utility in connection
with emergencies involving the utility's facilities in the right-of-way
and a twenty-four-hour telephone number and email contact for each
such person. Evidence of insurance as required in this chapter, in
the form of a certificate of insurance, shall also be required.
C.
Change of ownership or owner's identity or legal status.
(1)
Notification of change. A utility shall notify the Village 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.
(2)
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 Village's right-of-way.
(3)
Insurance and bonding. All required insurance coverage or bonding
must be changed to reflect the name of the new owner upon transfer.
D.
Insurance.
(1)
Required coverages and limits. Unless otherwise provided by franchise,
license, or similar agreement, each 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 utility
as named insured and naming the Village, and its elected and appointed
officers, officials, agents, and employees, as additional insureds
on the policies listed in this chapter:
(a)
Commercial general liability insurance, including premises-operations,
explosion, collapse, and underground hazard (commonly referred to
as "X," "C," and "U" coverages) and products-completed operations
coverage with limits not less than:
(b)
Automobile liability for owned, non-owned and hired vehicles
with a combined single limit of $1,000,000 for personal injury and
property damage for each accident;
(c)
Workers' compensation with statutory limits; and
(d)
Employer's liability insurance with limits of not less
than $1,000,000 per employee and per accident.
(2)
Contractors/subcontractors. If the utility has retained the services
of a contractor to perform work upon the utility's facilities
with Village public right-of-way, the contractor shall also provide
insurance that is at least as broad as the as the required coverage
for the utility.
(3)
Excess or umbrella policies. The coverages required by this chapter
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.
(4)
Copies required. The utility and its contractors shall provide copies
of any of the policies required by this chapter to the Village within
10 calendar days following receipt of a written request from the Village.
Work within Village right-of-way shall be suspended until evidence
of proper coverage has been provided to the Village.
(5)
Maintenance and renewal of required coverages. The insurance policies
required by this chapter 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 45 days
after receipt by the Village, by registered mail or certified mail,
return receipt requested, of a written notice addressed to the Village
Administrator of such intent to cancel or not to renew."
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Within 10 days after receipt by the Village of said
notice, and in no event later than 10 days' prior to said cancellation,
the utility shall obtain and furnish to the Village evidence of replacement
insurance policies meeting the requirements of this chapter. No work
shall be performed upon Village right-of-way without insurance in
effect.
(6)
Effect of insurance on utility's liability. The legal liability
of the utility to the Village and any person for any of the matters
that are the subject of the insurance policies required by this chapter
shall not be limited by such insurance policies or by the recovery
of any amounts thereunder.
(7)
Insurance companies. All insurance provided pursuant to this chapter
shall be affected 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.
E.
Indemnification. By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
Village and its elected and appointed officials and officers, employees,
agents and representatives harmless from and against any and all injuries,
claims, demands, judgments, damages, losses and expenses, including
reasonable attorney fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the utility or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction of facilities or occupancy of
the rights-of-way, and in providing or offering service over the facilities,
whether such acts or omissions are authorized, allowed or prohibited
by this chapter or by a franchise, license, or similar agreement;
provided, however, that the utility's indemnity obligations hereunder
shall not apply to any injuries, claims, demands, judgments, damages,
losses or expenses arising out of or resulting from the negligence,
misconduct or breach of this chapter by the Village, its officials,
officers, employees, agents or representatives.
A.
Permit required. No utility, entity, or person shall construct (as
defined in this chapter) any facility on, over, above, along, upon,
under, across, or within any Village right-of-way as listed below
without first filing an application with the Village, paying any applicable
application fee as determined from time to time by resolution of the
Village Board of Trustees and obtaining a permit from the Village
therefor, except as otherwise provided in this chapter.
(1)
Changes the location of the facility;
(2)
Installs or alters a service line;
(3)
Adds a new facility;
(4)
Disrupts the right-of-way (as defined in this chapter);
(5)
Obstructs and/or encroaches into the right-of-way (as defined by
this chapter); or
(6)
Materially increases the amount of area or space occupied by the
facility on, over, above, along, under, across or within the right-of-way.
B.
Permit application. All applications for permits pursuant to this
chapter shall be filed on a form provided by the Village. 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.
(1)
Minimum general application requirements. The application shall be
made by the utility or its duly authorized representative and shall
contain, at a minimum, the following:
(a)
The utility's name and address, telephone number and email
address;
(b)
The applicant's name, address, telephone number and e-mail
address, and its interest in the work;
(c)
The name, address, telephone number and e-mail address of all
professional consultants, if any, advising the applicant with respect
to the work within the right-of-way;
(d)
A general description of the proposed work, purpose, intent
and use of the facility, with special emphasis on the impact to the
right-of-way by the proposed work;
(e)
Evidence that the applicant has placed on file with the Village
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 an emergency contingency plan which shall
specify the nature of potential emergencies, including, without limitation,
construction and hazardous materials emergencies, and the intended
response by the applicant. The intended response shall include notification
to the Village and shall promote protection of the safety and convenience
of the public. Compliance with ICC regulations for emergency contingency
plans constitutes compliance with this chapter unless the Village
finds that additional information or assurances are needed;
(f)
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;
(g)
Evidence of insurance as required in this chapter;
(h)
Evidence of performance guarantee posting as required in this
chapter;
(i)
Proposed landscape screening plan per requirements in this chapter;
(j)
A written request for any deviation from one or more provisions
of this chapter; and
(k)
Any additional information as may be reasonably required by
the Village.
(2)
Supplemental application requirements for specific types of utilities.
In addition to the requirements previously outline in this chapter,
the permit application shall include the following items, as applicable
to the specific utility that is the subject of the permit application:
(a)
Electric power, communications, telecommunications, cable television
service, video service or natural gas distribution system. Must provide
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;
(b)
Natural gas systems. Must provide the proposed pipe size, design,
construction class, and operating pressures;
(c)
Water lines. Must indicate that all requirements of the Illinois
Environmental Protection Agency, Division of Public Water Supplies,
have been satisfied;
(d)
Sanitary sewer lines. Must indicate that the land and water
pollution requirements of the Illinois Environmental Protection Agency,
Division of Water Pollution Control have been satisfied; or
(e)
Petroleum products pipelines. Must provide the type(s) of petroleum
products, pipe size, maximum working pressure, and the design standard
to be followed.
(f)
Disturbance of more than 1.0 acres of right-of-way. Must indicate
that a NPDES Erosion Control Permit has been acquired from the IEPA.
(3)
Village standards. The Village standards for repair of Village right-of-way,
roadways and facilities disturbed by any utility activities are as
set forth in the Village Infrastructure Design Manual, latest edition.
C.
Applicant's duty to update information.
(1)
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 Village for review and Village approval two business days'
prior to any work effected by the amendment.
(2)
In the event that the 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 Village.
(a)
The revised drawings or plans shall specifically identify where
the locations of the facilities deviate from the locations approved
in the permit.
(b)
If any deviation from the permit also deviates from the requirements
of this chapter, it shall be treated as a request for deviation in
accordance with this chapter. If the Village denies the request for
a variance, then the permittee shall modify the facility so that it
conforms to the requirements of this chapter and submit revised drawings
or plans.
D.
Reimbursement of fees by applicant. Unless otherwise provided by
franchise, license, or similar agreement, all applications for permits
pursuant to this chapter shall be charged an application fee. However,
in the event the Village determines that engineering or other outside
review of the application is necessary due to the size, scope, complexity
of the proposed project from review of the application and submittal
documents, or if it involves or impacts stormwater management facilities
or conflicts with other existing utilities, the Village may forward
the permit application and the drawings, plans and specifications
to the Village Engineer's office, and/or other outside consultants
for review and if the Village Engineer deems it necessary, for field
observation and inspection of the work. The applicant shall be responsible
to reimburse the Village for all of its out-of-pocket expenses in
reviewing applications and submittal documents, including, but not
limited to, design documents and for field observation, fees charged
to the Village by the Village Engineer's office, and/or other
outside consultants, if any, charged to the Village and billed at
their usual and customary rates charged municipalities for similar
services in assisting the Village in reviewing permit applications
under this chapter. No application fee or additional review 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.[1]
[1]
Editor's Note: See 35 ILCS 645 et seq.
E.
Village review of permit applications. Completed permit applications,
containing all required documentation, shall be examined by the Village
within a reasonable time after filing. If the application does not
conform to the requirements of applicable ordinances, codes, laws,
rules, and regulations, the Village shall reject such application
in writing, stating the reasons therefor. If the Village is satisfied
that the proposed work conforms to the requirements of this chapter
and applicable ordinances, codes, laws, rules, and regulations, the
Village shall issue a permit therefor as soon as practicable. In all
instances, it shall be the duty of the applicant to demonstrate, to
the satisfaction of the Village, that the construction proposed under
the application shall be in full compliance with the requirements
of this chapter.
(1)
Telecommunications retailers. Additional Village review of applications.
(a)
Pursuant to Chapter 4 of the Telephone Company Act, 220 ILCS
65/4, a telecommunications retailer shall notify the Village 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 Village 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 Village shall specify the portion of the right-of-way
upon which the facility may be placed, used, and constructed.
(b)
In the event that the Village fails to provide such specification
of location to the telecommunications retailer within either: (a)
10 days after service of notice to the Village by the telecommunications
retailer in the case of work not involving excavation for new construction;
or (b) 25 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.
(c)
Upon the provision of such specification by the Village, where
a permit is required for work pursuant to this chapter, the telecommunications
retailer shall submit to the Village an application for a permit and
any and all plans, specifications, and documentation available regarding
the facility to be constructed. Such application shall be subject
to the requirements of this chapter.
(2)
Holders of state authorization under the Cable and Video Competition
Law of 2007.[2] Additional Village review of 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 Village, unless otherwise acted upon by the Village,
provided the holder has complied with applicable Village codes, ordinances,
and regulations.
[2]
Editor's Note: See 220 ILCS 5/21-100 et seq.
F.
Effect of permit; authority granted; no property right or other interest
created. A permit from the Village authorizes a permittee to undertake
only certain activities in accordance with this chapter on Village
rights-of-way and does not create a property right or grant authority
to the permittee to impinge upon the rights of others who may have
an interest in the rights-of-way.
(1)
Duration. No permit issued under this chapter shall be valid for
a period longer than six months unless construction is actually begun
within that period and is thereafter diligently pursued to completion.
(2)
Preconstruction 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 preconstruction meeting. The preconstruction
meeting shall be held at a date, time and place designated by the
Village with such Village representatives in attendance as the Village
deems necessary. The meeting shall be for the purpose of reviewing
the work under the permit and reviewing special considerations necessary
in the areas where work will occur, including, without limitation,
presence or absence of other utility facilities in the area and their
locations, procedures to avoid disruption of other utilities, use
of rights-of-way by the public during construction, and access and
egress by adjacent property owners.
(3)
Compliance with all laws required. The issuance of a permit by the
Village does not excuse the permittee from complying with other requirements
of the Village and applicable statutes, laws, ordinances, rules, and
regulations of other jurisdictions, having authority.
(4)
Deviations. Unless a deviation request is granted, all permitted
work within the right-of-way shall comply with the requirements of
this chapter. All noncompliant facilities shall either be removed
from the right-of-way or modified so the facility is compliant.
(5)
Inspections. Required inspections will be determined by the Village
and communicated as part of the permit application approval. For any
required inspection and when construction is complete, the applicant
shall notify the Village that the work is ready for inspection. The
inspection will be conducted by the Village. Should the work be found
unacceptable, the applicant shall have 30 days within which to upgrade
the construction to meet the requirements of this chapter. If, at
the end of that time, the work is still unacceptable, the Village
may complete the work and the applicant and/or owner shall reimburse
the Village for costs incurred.
(6)
Permit closeout.
(a)
Completion of permitted work. When the work is completed, the
permit holder shall provide the Village a complete set of as built
plans with depth information in the form of shape files with Z data
or PDF drawn to scale. The data should be georeferenced to the NAD_1983_StatePlane_lllinois_East_FIPS_1201_Feet.
(b)
Punch list inspection. Upon receipt of as-built plans, the Village
shall inspect the completed work for compliance with this chapter
within 10 days thereafter the permit holder shall complete, modify,
repair, replace all noncompliant work identified by the Village.
G.
Security.
(1)
Purpose. The permittee shall establish a performance guarantee in
a form and in an amount as set forth in this chapter. The performance
guarantee shall be continuously maintained in accordance with this
chapter at the permittee's sole cost and expense until the completion
of the work authorized under the permit. The performance guarantee
shall serve as security for:
(a)
The faithful performance by the permittee of all the requirements
of this chapter;
(b)
Any expenditure, damage, or loss incurred by the Village occasioned
by the permittee's failure to comply with any codes, rules, regulations,
orders, permits and other directives of the Village issued pursuant
to this chapter; and
(c)
The payment by permittee of all liens and all damages, claims,
costs, or expenses that the Village may pay or incur by reason of
any action or nonperformance by permittee in violation of this chapter
including, without limitation, any damage to public property or restoration
work the permittee is required by this chapter to perform that the
Village must perform itself or have completed as a consequence solely
of the permittee's failure to perform or complete, and all other
payments due the Village from the permittee pursuant to this chapter
or any other applicable law.
(2)
Form. The permittee shall provide the performance guarantee to the
Village in the form, at the permittee's election, of cash, a
surety bond in a form acceptable to the Village attorney, or an unconditional
letter of credit in a form acceptable to the Village attorney. The
permittee shall be required to deliver documents and other evidence
to the Village attorney evidencing that the issuing surety, bank,
or financial institution meets the minimum requirements set forth
in this chapter. Any surety bond or letter of credit provided pursuant
to this section shall, at a minimum:
(a)
Provide that it will not be canceled without forty-five-day
prior notice to the Village and the permittee;
(b)
Not require the consent of the permittee prior to the collection
by the Village of any amounts covered by it; and
(c)
Shall provide a location convenient to the Village and within
the state of Illinois at which it can be drawn.
(3)
Amount. The dollar amount of the performance guarantee shall be sufficient
to provide for the reasonably estimated cost to restore the right-of-way
and all public improvements to at least as good a condition as that
existing prior to the construction under the permit. The amount of
the performance guarantee shall also include the estimated cost to
screen facilities greater than 40 inches in height with vegetative
landscaping and to maintain and replace any failed landscaping for
a period of two years (the "two-year maintenance period"), as determined
by the Village, and may also include reasonable, directly related
costs that the Village estimates are likely to be incurred if the
permittee fails to perform such restoration. Where the construction
of facilities proposed under the permit will be performed in phases
in multiple locations in the Village, with each phase consisting of
construction of facilities in one location or a related group of locations,
and where construction in another phase will not be undertaken prior
to substantial completion of restoration in the previous phase or
phases, the Village 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 performance guarantee for phased construction shall be equal to
the greatest amount that would have been required under the provisions
of this section for any single phase.
(4)
Withdrawals. The Village, upon 14 days' advance written notice
clearly stating the reason for, and its intention to exercise withdrawal
rights under this section, may withdraw an amount from the performance
guarantee, provided that the permittee has not reimbursed the Village
for such amount within the fourteen day notice period. Withdrawals
may be made if the permittee:
(a)
Fails to make any payment required to be made by the permittee
hereunder;
(b)
Fails to pay any liens relating to the facilities that are due
and unpaid;
(c)
Fails to reimburse the Village for any damages, claims, costs,
or expenses which the Village has been compelled to pay or incur by
reason of any action or nonperformance by the permittee; or
(d)
Fails to comply with any provision of this chapter that the
Village determines can be remedied by an expenditure of an amount
within the limits of the performance guarantee.
(5)
Replenishment. Within 14 days after receipt of written notice from
the Village that any amount has been withdrawn from the performance
guarantee, the permittee shall restore the performance guarantee to
the amount specified in this chapter.
(6)
Rights not limited. The rights reserved to the Village with respect
to the performance guarantee are in addition to all other rights of
the Village, 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 Village may
have. Notwithstanding the foregoing, the Village shall not be entitled
to a double monetary recovery with respect to any of its rights which
may be infringed or otherwise violated.
(7)
Suitability of security. In the event the permittee elects to post
a surety bond as its security fund, the bond shall be issued by a
surety company or insurance company authorized by the Illinois Department
of Insurance to issue sureties in the State of Illinois. In the event
the permittee elects to post an irrevocable letter of credit from
a bank or savings and loan association as its security fund, the issuing
bank or savings and loan association shall be federally insured and
shall have assets of not less than $50,000,000 and a capital asset
ratio of not less than 6% unless the corporate authorities otherwise
determine and deem it good and sufficient security.
(8)
Security not required. The Village may determine that it is unnecessary
to provide security for certain projects. It is at the Village's
sole discretion to determine when security is required.
H.
Permit suspension, enforcement and revocation.
(1)
Village right to revoke permit. The Village may revoke or suspend
a permit issued pursuant to this chapter for one or more of the following
reasons:
(a)
Fraudulent, false, misrepresenting, or materially incomplete
statements in the permit application;
(b)
Noncompliance with this chapter;
(c)
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;
(d)
Permittee's failure to construct the facilities substantially
in accordance with the terms of the permit and approved plans; or
(e)
Unexpected or excessive collateral damage to public improvements.
(2)
Notice of revocation or suspension. The Village shall send written
notice of its intent to revoke or suspend a permit issued pursuant
to this chapter. The revocation is effective immediately upon receipt
by the offending entity. The revocation intent notice shall state
the reason or reasons for the revocation or suspension and the alternatives
available to permittee under this chapter.
(3)
Permittee alternatives upon receipt of notice of revocation or suspension.
Upon receipt of a written notice of revocation or suspension from
the Village, the permittee shall have the following options:
(a)
Immediately provide the Village with evidence that no cause
exists for the revocation or suspension;
(b)
Immediately correct, to the satisfaction of the Village, the
deficiencies stated in the written notice, providing written proof
of such correction to the Village within five working days after receipt
of the written notice of revocation; or
(c)
Immediately remove the facilities located on, over, above, along,
upon, under, across, or within the rights-of-way and restore the rights-of-way
to the satisfaction of the Village providing written proof of such
removal to the Village within 10 days after receipt of the written
notice of revocation.
(4)
Extension of time period. The Village may, in its discretion, for
good cause shown, extend the time periods provided in this chapter.
(5)
Stop-work order. In addition to the issuance of a notice of revocation
or suspension, the Village may issue a stop-work order immediately
upon discovery of any of the reasons for revocation set forth within
this chapter. Work shall not be resumed after the issuance of a stop-work
order except on the written permission of the Village. If the stop
order is oral, it shall be followed by a written stop order.
(6)
Failure or refusal of the permittee to comply. The permittee shall
be liable in all events to the Village for all costs of removal. If
the permittee fails to comply with the provisions of this chapter,
the Village, at the option of the Village, may:
(7)
Enforcement actions. The Village may serve notice requiring removal
of any facility, obstruction, or encroachment within Village right-of-way
which is in violation of this chapter. This notice may be served on
the owner or authorized agent, a tenant, architect, builder, contractor
or other person who commits or participates in any violation. The
Village may request that the Village Attorney institute legal proceedings
necessary to enforce this chapter or to prevent or remedy any violations
thereof. The Village may also request the assistance of the Village
Police in enforcing this chapter. The owner or tenant of any structure,
premises or part thereof and any architect, builder, contractor, agent
or other person who commits, participates or assists in or maintains
any violation may each be found guilty of a separate offense and subjected
to the penalties outlined in this chapter.
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 applicable IDOT publications,
as amended from time to time.
B.
Interpretation of municipal standards and principles. If a discrepancy
exists between or among differing principles and standards required
by this chapter, the Village shall determine, in the exercise of sound
engineering judgment, which principles apply, and such decision shall
be final. If requested, the Village shall state which standard or
principle will apply to the construction, maintenance, or operation
of a facility in the future.
C.
Traffic control.
(1)
Minimum requirements. The Village's minimum requirements for
traffic protection are contained in IDOT's "Illinois Manual on
Uniform Traffic Control Devices" and this code.
(2)
Warning signs, protective devices, and flaggers. The utility is responsible
for providing and installing warning signs, protective devices, and
flaggers, when necessary, meeting applicable federal, state, and local
requirements for protection of the public and the utility's workers
when performing any work on the rights-of-way.
(3)
Interference with traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
(4)
Notice when access is blocked. At least 48 hours prior to beginning
work that will partially or completely block access to any residence,
business or institution, the utility shall notify the resident, business
or institution of the approximate beginning time and duration of such
work; provided, however, that in cases involving emergency repairs
pursuant to this chapter, the utility shall provide such notice as
is practicable under the circumstances.
(5)
Compliance. The utility shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the utility's attention by the Village.
D.
Location of facilities.
(1)
General requirements. In addition to location requirements applicable
to specific types of utility facilities, all facilities, regardless
of type, shall be subject to the general location requirements of
this section.
(a)
No interference with Village facilities. No facilities shall
be placed in any location if the Village determines that the proposed
location will require the relocation or displacement of any of the
Village's public improvements or will otherwise interfere with
the operation or maintenance of any of the Village's utility
facilities.
(b)
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.
(c)
No interference with travel. No facility shall be placed in
any location that interferes with the usual travel on such right-of-way.
(d)
No limitations on visibility. No facility shall be placed in
the vision triangle at an intersection or at any location so as to
limit visibility of or by users of the right-of-way.
(e)
Size of utility facilities. The proposed installation shall
use the smallest suitable vaults, boxes, equipment enclosures, power
pedestals, and/or cabinets then in use by the facility owner, regardless
of location, for the application.
(f)
No interference with drainage. No facilities shall be placed
in any location that results in a blockage or disruption of stormwater
drainage runoff.
(g)
Underground utility lines shall comply with the minimum bury
depths established by the NFPA, NEC or applicable regulatory agency.
(h)
All utility lines carrying potential contaminants shall be located
not less than two feet below a Village water line or water service
line, unless other protective measures are implemented.
(2)
Parallel facilities located within street rights-of-way.
(a)
Overhead parallel facilities. An overhead parallel facility
may be located within the right-of-way lines of a highway only if:
[1]
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;
[2]
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;
[3]
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 as defined by IDOT;
[4]
No pole is located in the ditch line of a highway; and
[5]
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.
(b)
Underground parallel facilities. An underground parallel facility
may be located within the right-of-way lines of a Village street only
if:
[1]
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;
[2]
A new facility may be located under the paved portion of a Village
street 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
[3]
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 aboveground appurtenance shall be located within one foot (0.3
m) of the right-of-way line or as near as practicable.
(3)
Facilities crossing streets.
(a)
No future disruption. The construction and design of crossing
facilities installed between the ditch lines or curb lines of Village
streets 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.
(b)
Culverts or drainage facilities. Crossing facilities shall not
be located inside culverts or drainage facilities.
(c)
Ninety-degree crossing required. Crossing facilities shall cross
at or as near to a 90° angle to the center line of the street
pavement as practicable.
(d)
Overhead power or communication facility. An overhead power
or communication facility may cross a highway only if:
[1]
It has a minimum vertical line clearance as required by ICC's
rules entitled, construction of electric power and communication lines;
[2]
Poles are located within one foot (0.3 m) of the right-of-way
line of the highway and outside of the clear zone as defined by IDOT;
and
[3]
Overhead crossings at major intersections are avoided.
(e)
Underground power or communication facility. An underground
power or communication facility may cross a Village street only if:
(f)
Markers. The Village may require the utility to provide a marker
at each right-of-way line where an underground facility other than
a power or communication facility crosses a highway. Each marker shall
identify the type of facility, the utility, and an emergency phone
number. Markers may also be eliminated as provided in current federal
regulations.
(4)
Facilities to be located within particular rights-of-way. The Village
may require that facilities be located within public utility easements
that are not street right-of-way when such a location is consistent
with the best interest of the Village.
(5)
Freestanding facilities.
(a)
The Village may restrict the location and size of any freestanding
facility located within a right-of-way.
(b)
The Village may require any freestanding facility greater than
40 inches in height and having any side greater than 40 inches in
width and/or depth located within a right-of-way to be screened from
view with evergreen vegetative landscaping such as Techny arborvitae,
Austrian spruce, Norway spruce, and as determined by the Village after
taking into account and depending upon the suitability of the available
space surrounding the freestanding facility, the terrain, slope, location,
access, surrounding uses, safety, aesthetic and ongoing maintenance
requirements and costs.
(c)
Freestanding facilities greater than 24 inches in height shall
not be located within the visibility triangle of any street intersection
or within the visibility triangle of any driveway approach serving
a multifamily, commercial, or industrial use and the Village street.
(6)
Facilities installed above ground. Aboveground facilities may be
installed only if:
(a)
No other existing facilities in the area are located underground;
(b)
New underground installation is not technically feasible; and
(c)
The proposed installation will be made at a location, and will
employ suitable design and materials, to provide the greatest protection
of aesthetic qualities of the area being traversed without adversely
affecting safety. Suitable designs include, but are not limited to,
self-supporting armless, single-pole construction with vertical configuration
of conductors and cable. Existing utility poles and light standards
shall be used wherever practicable; the installation of additional
utility poles is strongly discouraged.
(7)
Facility attachments to bridges or roadway structures.
(a)
Where practical, facilities may be installed as attachments
to bridges or roadway structures. Other means of construction may
include, but are not limited to, underground, underwater, and cable
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 on bridges.
[1]
Attachment devices shall be made of metal.
[2]
Conduit all utilities shall be in encased in metal conduit or
appropriate equivalent to prevent sagging. Alternative conduit must
be approved by the Village.
[3]
If sagging occurs, the Village reserves the right to cause the
utility that installed or currently owns it to replace with better
material.
(b)
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:
[1]
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;
[2]
The type, length, value, and relative importance of the highway
structure in the transportation system;
[3]
The alternative routings available to the utility and their
comparative practicability;
[4]
The proposed method of attachment;
[5]
The ability of the structure to bear the increased load of the
proposed facility;
[6]
The degree of interference with bridge maintenance and painting;
[7]
The effect on the visual quality of the structure; and
[8]
The public benefit expected from the utility service as compared
to the risk involved.
(8)
Appearance standards.
(a)
The Village may prohibit the installation of facilities in locations
in order to preserve visual quality.
(b)
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.
E.
Construction methods and materials.
(1)
Standards and requirements for particular types of construction methods
are as follows:
(a)
Boring or jacking.
[1]
Pits and shoring. Boring or jacking under rights-of-way shall
be accomplished from pits located at a minimum distance specified
by the Village from the edge of the pavement. Pits for boring or jacking
shall be excavated no more than 48 hours in advance of boring or jacking
operations and backfilled within 48 hours after boring or jacking
operations are completed. While pits are open, they shall be clearly
marked and protected by barricades. Shoring shall be designed, erected,
supported, braced, and maintained so that it will safely support all
vertical and lateral loads that may be imposed upon it during the
boring or jacking operation.
[2]
Wet boring. Wet boring shall not be permitted under the roadway
or pavement.
[3]
Borings with diameters greater than five inches. Borings over
five inches (0.15 m) in diameter shall be accomplished with an auger
and following pipe, and the diameter of the auger shall not exceed
the outside diameter of the following pipe by more than one inch (25
mm).
[4]
Borings with diameters five inches or less shall not be allowed
within established neighborhoods.
[5]
Conduits, casings, carrier pipes six inches in diameter or smaller
shall generally be constructed via horizontal directional drilling
or microtunneling within existing neighborhoods. Extensive open-cut
trench installation for small diameter utility lines shall normally
not be permitted within established neighborhoods but is allowed in
areas of new development.
[6]
Tree preservation. Any facility located within the drip line
of any tree designated by the Village to be preserved or protected
shall be placed under or around the root system.
(b)
Trenching. Trenching for facility installation, repair, or maintenance
on rights-of-way shall be done in accordance with the applicable provisions
of Section 20 of the Standard Specifications for Water & Sewer
Construction in Illinois and Article 810.04 of the IDOT Standard Specifications
for Road & Bridge Construction.
[1]
Length. The length of open trench shall be kept to the practicable
minimum consistent with requirements for pipe/line testing. Only 1/2
of any intersection may have an open trench at any time unless special
permission is obtained from the Village.
[2]
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 placed
or 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-site
location for temporary storage.
[3]
Dripline of trees. The utility shall not trench within the dripline
of any tree designated by the Village to be preserved.
(c)
Backfilling.
[1]
Any pit, trench, or excavation created during the installation
of facilities shall be backfilled for its full width, depth, and length
using methods and materials in accordance with IDOT's "Standard
Specifications for Road and Bridge Construction." When excavated material
is hauled away or is unsuitable for backfill, suitable granular backfill
shall be used.
[2]
For a period of 18 months from the date construction of a facility
is completed, the utility shall be responsible to remove and restore
any backfilled area that has settled due to construction of the facility.
If so ordered by the Village, 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 Village.
[3]
Jetting of backfill within excavated areas shall not be allowed.
Mechanical compaction shall be required within all Village right-of-way.
(d)
Pavement cuts. Pavement cuts for facility installation or repair
shall be permitted on a Village street only if that portion of the
street is closed to traffic. If a deviation to the limitation set
forth herein is permitted under this chapter, the following requirements
shall apply:
[1]
Controlled low-strength material (CLSM) shall be utilized under
all Village of Oakwood street pavements having an average daily traffic
flow of 150 vehicles or more.
[2]
All pavement removal shall be accomplished via full-depth saw
cutting. Restoration of pavement shall be accomplished as soon as
practicable. Permanent restoration is encouraged at the time of the
cut. Temporary repair of the pavement with cold-mix asphalt shall
be provided immediately. Any subsequent failure of either the temporary
repair or the restoration shall be rebuilt immediately upon notification
by the Village that a failure has occurred.
[3]
For all rights-of-way which have been reconstructed with a concrete
surface/base or full-depth hot mix asphalt 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.
[4]
Bituminous surface and hot-mix asphalt surface pavements shall
be repaired with not less than ten-inch thickness full-depth hot-mix
asphalt.
[5]
Portland cement concrete pavements shall be repaired with not
less than seven-inch thickness high-early-strength portland cement
concrete, tied to adjacent pavement with minimum thirty-inch by #4
epoxy-coated tie bars, drilled and grouted, at thirty-inch centers.
(e)
Encasement.
[1]
Encasement of a utility line may be required when crossing arterial
and collector streets as determined on a case-by-case basis by the
Village Engineer.
[2]
Casing pipe shall be designed to withstand the load of the street
and any other superimposed loads. The casing shall be continuous either
by one-piece fabrication or by welding or jointed installation approved
by the Village.
[3]
Water service lines installed under roadway pavements shall
utilize horizontal directional drilling construction methods unless
otherwise approved by the Village.
(f)
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
|
|---|---|
|
Telecommunication lines
|
24 inches (0.6 m)
|
|
Storm sewer or drainage line
|
24 inches (0.6 m)
|
|
Electric lines
|
30 inches (0.8 m)
|
|
Gas or petroleum products
|
42 inches (1.1 m)
|
|
Water line
|
48 inches (1.2 m)
|
|
Sanitary sewer
|
60 inches (1.5 m)
|
(2)
Standards and requirements for particular types of facilities.
(a)
Electric power or communication lines.
[1]
Code compliance. Electric power or communications facilities
within Village rights-of-way shall be constructed, operated, and maintained
in conformity with the provisions of 83 Ill. Adm. Code Part 305 (formerly
General Order 160 of the Illinois Commerce Commission), entitled,
"Rules for Construction of Electric Power and Communication Lines,"
and the National Electrical Safety Code.
[2]
Overhead facilities. Overhead power or communication facilities
shall use single-pole construction and, where practicable, joint use
of poles by multiple utilities shall be required. Utilities shall
make every reasonable effort to design the installation so guys and
braces will not be needed. Deviations may be allowed if there is no
feasible alternative and if guy wires are equipped with guy guards
for maximum visibility.
[3]
Underground facilities.
[a]
Cable may be installed by trenching or plowing
within new development areas. Cable may be installed by trenching
or plowing only in limited circumstances within existing neighborhoods.
Horizontal directional drilling or microtunneling shall normally be
utilized within existing neighborhoods in order to minimize damage
when crossing improved entrances and side roads.
[b]
If a crossing is installed by boring and jacking,
encasement shall be provided between jacking or bore pits and beneath
all existing pavements. Encasement may be eliminated only if:
[c]
Cable shall be grounded in accordance with the
National Electrical Safety Code.
[4]
Burial of service lines. All temporary service drops placed
between November 1 of the prior year and March 15 of the current year,
also known as snow drops, shall be buried by May 1 of the current
year, weather permitting, unless otherwise permitted by the Village.
Weather permitting, utilities shall bury all temporary and permanent
service lines, excluding snow drops, within 10 business days after
placement.
(b)
Gas transmission, distribution and service. Gas pipelines within
rights-of-way shall be constructed, maintained, and operated in a
Village-approved manner and in conformance with the Federal Code of
the Office of Pipeline Safety Operations, Department of Transportation,
Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum
Federal Safety Standards (49 CFR Chapter 192), IDOT's "Standard
Specifications For Road And Bridge Construction," and all other applicable
laws, rules, and regulations.
(c)
Petroleum products pipelines. Petroleum products pipelines within
rights-of-way shall conform to the applicable chapters of ANSI Standard
Code for Pressure Piping (Liquid Petroleum Transportation Piping Systems
ANSI-B 31.4).
(d)
Water lines, sanitary sewer lines, or stormwater drain lines.
Water lines, sanitary sewer lines, and storm drain lines within rights-of-way
shall meet or exceed the recommendations of the current "Standard
Specifications for Water and Sewer Main Construction in Illinois."
(e)
Ground-mounted appurtenances. Ground-mounted appurtenances to
overhead or underground facilities, when permitted within a right-of-way,
shall be provided with a vegetation-free area extending one foot (305
mm) in width beyond the appurtenance in all directions. The vegetation-free
area may be provided by an extension of the mounting pad, or by heavy-duty
plastic or similar material approved by the Village. With the approval
of the Village, 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.
(f)
Driveway approaches. Driveway approaches within a right-of-way
shall be installed according to the following design standards and
construction specifications.
[1]
Design standards.
[a]
Single- and two-family residential property driveway
approaches:
|
At Private Property Line
|
At Street Curb/Pavement Edge
|
Entrance Radius
|
Distance from property line extended1,3
| ||
|---|---|---|---|---|---|
|
Minimum Width
|
Maximum Width2
|
Minimum Width
|
Maximum Width2
|
Minimum
|
Minimum
|
|
10 feet
|
28 feet
|
10 feet
|
24 feet
|
None
|
Same as the minimum setback for the main structure as required
by the served property zoning
|
|
NOTES:
| |
|
1
|
A minimum distance is required from any part of the driveway
approach and the property line extended through the public right-of-way
except when a driveway approach is shared to serve adjacent properties.
Shared driveway approaches may be a maximum of 44 feet wide at both
the private property line and the street curb/pavement edge.
|
|
2
|
A driveway approach width cannot exceed 50% of the lot frontage
along the street for which the driveway approach accesses.
|
|
3
|
The Village Engineer may authorize a minimum separation distance
that is less for driveway approaches located in culs-de-sac or when
other site or roadway conditions warrant a reduction in driveway approach
separation.
|
[b]
All other driveway approaches, including multiple-family
residential, commercial, industrial, conservation, and agricultural,
must be approved by the Village as part of site development plan review
when applicable or must be approved on an individual basis. A proposed
driveway approach will be reviewed based the intended use of the land.
[2]
Construction specifications. Driveway approach surface within
street right-of-way must be installed over a compacted subgrade as
follows:
[a]
Compacted crushed stone base: Ca.7 crushed stone
or equivalent as approved by the Village; minimum thickness: six inches;
[b]
Preferred surface material: portland cement concrete;
minimum thickness: six inches; and
[c]
Alternative surface material. Bituminous concrete
or other material: Any use of bituminous concrete or other material
must be approved by the Village. When bituminous concrete is approved,
installation must be three- to four-inch minimum thickness of bituminous
concrete surface, constructed over a six-inch compacted crushed stone
base. Any other approved material and related construction must be
approved by the Village.
[d]
Side slopes, maximum: three horizontal, one vertical.
[e]
Driveway approaches shall be formed and poured
separately from driveway, sidewalk, curb or road edge via one-half-inch
expansion joint material or other approved method or material.
[f]
The finished grade of the driveway approach edge
which meets the roadway curb, roadway surface and sidewalk shall be
level with the adjacent roadway surface, roadway curb or sidewalk.
[3]
Drainage and culvert requirements. In no event shall any driveway
interfere with the existing drainage along and upon the right-of-way.
In all cases where the driveway or proposed driveway does or may interfere
with the existing drainage with the right-of-way, culverts shall be
installed in accordance with the following specifications:
[a]
Minimum diameter: 12 inches; larger culverts may
be required by the Village for a specific location to provide adequate
drainage. The total cost of the required culvert is the responsibility
of the owner. The Village may allow smaller culverts if it can be
shown that a smaller culvert is sufficient for current and future
anticipated flows.
[b]
Piping materials may be of the following:
[c]
Flow line of the culvert shall match the flow line
of the ditch unless requested by the Village to be lowered to accommodate
existing conditions and future grading and cleaning. Prior to installation
of the culvert pipe, the ditch shall be graded and shaped as designed
or as approved by the Village. The Village may direct that the flow
line of the culvert be placed below the flow line of the existing
ditch to allow for future grading and cleaning of existing ditches.
[d]
Culvert length, excluding any end treatments, shall
extend at least one foot beyond the driveway approach surface material
but in no case shall be less than 12 feet in length. Any end treatment
or culvert pipe end section shall extend beyond the intersection of
the driveway side slopes and the flow line of the ditch.
[e]
Unless site conditions warrant a different design,
a minimum of 1/2 inch of cover, excluding the required surface material,
shall be required over the culvert pipe.
[f]
All culverts shall be installed with proper end
sections that fit the side slope of the ditch. End section material
must match the material of the culvert pipe installed and shall be
securely fastened to the pipe or placed in a manner to prevent settlement
or collapse and/or blockage of flow. The end of the pipe shall be
of the same cross-sectional shape as the interior of the pipe and
shall not be dented or bent so as to reduce the pipe diameter, width
or height at the location by more than 4% (1/2 inch in 12 inches).
Pipes failing this requirement will have to be removed and replaced
prior to driveway construction. The use of alternative end treatments
such as headwalls or slopewalls shall be approved by the Village.
Some end treatments may not be allowed in areas of high traffic, deep
ditches or where existing conditions prohibit.
[4]
Sidewalks. Sidewalks through all driveway approaches shall be a minimum of six-inch-thick portland cement concrete and shall be constructed in accordance with Chapter 242, Subdivisions. Where new driveway approaches are constructed adjacent to existing sidewalks, any sidewalk not in conformance with this section shall be removed and replaced and the sidewalk width shall match the adjacent exiting sidewalk. Driveway approaches shall be formed and poured separately from sidewalks.
[5]
No Village guarantee. While requiring minimum standards for
driveway approach and culvert construction, the Village does not guarantee
that these minimum standards are adequate for the intended use of
the improvements.
[6]
The Village reserves the right to deny direct driveway approach
access to any right-of-way within the Village. Any property with multiple
right-of-way frontages may be required to have access off of an alley,
secondary frontage or off of the right-of-way frontage with the lowest
roadway classification.
(3)
Materials.
(a)
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
"Standard Specifications for Road and Bridge Construction," the Standard
Specification for Water and Sewer Construction in Illinois, the requirements
of the Illinois Commerce Commission, or the standards established
by other official regulatory agencies for the appropriate industry/utility.
(b)
Material storage on right-of-way. No material shall be stored
on the right-of-way without the prior written approval of the Village.
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 which does not create 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
Village.
(c)
Hazardous materials. The plans submitted by the utility to the
Village shall identify any hazardous materials that may be involved
in the construction of the new facilities or removal of any existing
facilities.
(4)
Operational restrictions. Construction operations on rights-of-way
may, at the discretion of the Village, be required to be discontinued
when such operations would create hazards to traffic or the public
health, safety, and welfare. Such operations may also be required
to be discontinued or restricted when conditions are such that construction
would result in extensive damage to the right-of-way or other property.
These restrictions may be waived by the Village when emergency work
is required to restore vital utility services.
(5)
Location of existing facilities. Any utility proposing to construct
facilities within the Village shall contact JULIE and ascertain the
presence and location of existing aboveground and underground facilities
within the rights-of-way to be occupied by its proposed facilities.
The Village will make its permit records available to a utility for
the purpose of identifying possible facilities. When notified of an
excavation or when requested by the Village or by JULIE, a utility
shall locate and physically mark its underground facilities including
service lines 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.
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 terms with the Village as permitted by law. The
electric utility shall provide appropriate traffic control per MUTCD.
The electric utility shall not disrupt or obstruct the right-of-way.
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.
C.
Damage to trees. Poor pruning practices resulting in damaged or misshapen
trees will not be tolerated and shall be grounds for cancellation
of the tree trimming permit and for assessment of damages. The Village
will require compensation for trees extensively damaged and for trees
removed without authorization. The formula developed by the International
Society of Arboriculture will be used as a basis for determining the
compensation for damaged trees or unauthorized removal of trees. The
Village may require the removal and replacement of trees if trimming
or radical pruning would leave them in an unacceptable condition.
D.
Specimen trees or trees of special significance. The Village may
require that special measures be taken to preserve specimen trees
or trees of special significance. The required measures may consist
of higher poles, side arm extensions, covered wire or other means
and methods.
E.
Chemical use.
(1)
Except as provided in the following section, no utility shall spray,
inject, or pour any chemicals on or near any trees, shrubs, or vegetation
in the Village for any purpose, including the control of growth, insects,
or disease.
(2)
Spraying of any type of brush-killing chemicals will not be permitted
on rights-of-way unless the utility demonstrates to the satisfaction
of the Village that such spraying is the only practicable method of
vegetation control.
A.
Notice. Within 60 days following written notice from the Village,
a utility shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any utility facilities within the rights-of-way whenever the corporate
authorities have determined that such removal, relocation, change
or alteration is reasonably necessary for the construction, repair,
maintenance, or installation of any Village improvement in or upon,
or the operations of the Village in or upon, the rights-of-way.
B.
Removal of unauthorized facilities. Within 30 days following written
notice from the Village, any utility that owns, controls, or maintains
any unauthorized facility or related appurtenances within the rights-of-way
shall, at its own expense, remove all or any part of such facilities
or appurtenances from the rights-of-way. A facility is unauthorized
and subject to removal in the following circumstances:
(1)
Upon expiration or termination of the permittee's license or
franchise, unless otherwise permitted by applicable law;
(2)
If the facility was constructed or installed without the prior grant
of a license or franchise, if required;
(3)
If the facility was constructed or installed without prior issuance
of a required permit in violation of this 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 Village retains
the right and privilege to cut or move any facilities located within
the rights-of-way of the Village, as the Village may determine to
be necessary, appropriate, or useful in response to any public health
or safety emergency. If circumstances permit, the municipality shall
attempt to notify the utility, if known, prior to cutting or removing
a facility and shall notify the utility, if known, after cutting or
removing a facility.
D.
Abandonment of facilities. Upon abandonment of a facility within
the rights-of-way of the Village, the utility shall notify the Village
within 90 days. Following receipt of such notice, the Village may
direct the utility to remove all or any portion of the facility if
the Village Administrator determines that such removal will be in
the best interest of the public health, safety, and welfare. In the
event that the Village does not direct the utility that abandoned
the facility to remove it, by giving notice of abandonment to the
Village, the abandoning utility shall be deemed to consent to the
alteration or removal of all or any portion of the facility by another
utility or person.
A.
The permittee 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 permittee, all to the satisfaction of the Village.
The time period provided in this chapter may be extended by the Village
for good cause shown.
B.
Restoration of entrances and side roads is required. Restoration
of roadway surfaces shall be made using materials and methods approved
by the Village and as set forth in the Village Infrastructure Design
Manual and associated detail drawings.
C.
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 and the installation
of vegetative landscape screening if required under the provisions
of this chapter.
D.
All public improvements shall be fully and completely restored. When
grass areas are disturbed, the applicant or their agent shall do the
following for restoration of grass:
(1)
Initial grading. Remove or break down all large clods sufficiently
enough to avoid trip or other hazards.
(2)
Final grading. Remove or break down clumps of dirt sufficiently for
planting, hand rake the dirt out, apply seed starter, sow grass seed,
place a biodegradable straw mat and secure with biodegradable pins,
and then water the area sufficiently to begin germination.
A.
General. Facilities on, over, above, along, upon, under, across,
or within rights-of-way are to be maintained by or for the utility
in a manner satisfactory to the Village and at the utility's
expense.
B.
Emergency maintenance procedures. Emergencies may justify noncompliance
with normal procedures for securing a permit:
(1)
If an emergency creates a hazard on the traveled portion of the right-of-way,
the utility shall take immediate steps to provide all necessary protection
for traffic on the highway or the public on the right-of-way, including
the use of signs, lights, barricades, or flaggers. If a hazard does
not exist on the traveled way, but the nature of the emergency is
such as to require the parking on the shoulder of equipment required
in repair operations, adequate signs and lights shall be provided.
Parking on the shoulder in such an emergency will only be permitted
when no other means of access to the facility is available.
(2)
In an emergency, the utility shall, as soon as possible, notify the
Village 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 Village
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 Village
a description of the repairs undertaken in the right-of-way within
48 hours after an emergency repair.
A.
Request for deviation. A utility or applicant requesting a deviation
from one or more of the provisions of this chapter must do so in writing
to the Village as a part of the permit application. The request shall
identify each provision of this chapter from which a deviation is
requested and the reasons why a deviation should be granted.
B.
Authority to grant deviations. The Village shall decide whether a
deviation is authorized for each provision of this chapter identified
in the deviation request on an individual basis.
C.
Conditions for granting of deviation. The Village may authorize a
deviation only if the utility or applicant requesting the deviation
has demonstrated that:
(1)
One or more conditions not under the control of the utility or applicant
(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 deviation is requested
are impracticable in relation to the requested approach.
D.
Additional conditions for granting of a deviation. As a condition
for authorizing a deviation, the Village may require the utility or
applicant requesting the deviation 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 or applicant aggrieved by any order,
requirement, decision, or determination, including denial of a deviation,
made by the Village under the provisions of this chapter shall have
the right to appeal to the Village Board of Trustees. The application
for appeal shall be submitted in writing to the Village Clerk within
30 days after the date of such order, requirement, decision, or determination.
The Village Board of Trustees shall commence their consideration of
the appeal within 21 days after the filing of the appeal. The Village
Board of Trustees shall on a timely basis decide the appeal.
A.
Any person performing any act that is in violation of the provisions
of this chapter which damages Village infrastructure or public improvements
shall immediately notify the Village of the location and extent of
the damages.
B.
A person who damages Village infrastructure or creates or maintains
an obstruction or encroachment and who fails to repair such damage
or remove the obstruction or encroachment from the public way within
48 hours or within the time period as set by the Village shall be
liable for the cost of repair or removal.
C.
The Village may remove or cause the removal of unauthorized, improperly
constructed, abandoned, or unattended personal property and facilities
within the right-of-way and charge the cost of removal and disposal
to the person responsible for the deposit of such property in the
right-of-way.
D.
The costs to be charged shall include, but not be limited to, labor
and overhead based on the personnel involved in administering this
section. The amount so charged shall be billed to the person responsible.
The amount shall be paid to the Village within 30 days after the date
of the bill.
A.
The construction, installation, repair, or maintenance of a utility
facility within the right-of-way requiring excavation will require
application for an excavation permit.
B.
Any excavation performed for the purpose of constructing, installing,
repairing or maintaining a facility must comply with the following
requirements: All open-cut trenches made either to existing pavements
or sidewalks or in future pavement areas shall be backfilled utilizing
one of two recommended methods: those being the use of controlled
low-strength materials (CLSM) or, alternately, the placement of thin
(six-inch maximum) mechanically compacted lifts of CA6 or CA10 aggregate
materials as approved by the Village. Water jetting of the aggregate
backfill material will not be permitted. The proper backfill material
shall extend not less than two feet in each direction from the edge
of the pavement.
C.
For both the CLSM and granular backfill methods, the top 12 inches
of the excavation shall be filled with soil or granular material of
similar composition to that of the adjacent subgrade. The 12 inches
of soil shall be compacted to at least 95% of maximum dry density
(AASHTO T99) with no more than 110% optimum moisture.
D.
When a trench is cut into an existing pavement or sidewalk, the pavement
shall be replaced in kind with a total thickness two inches greater
than existing to a maximum of 10 inches. When restoring Portland Cement
concrete pavement, the entire slab into which the trench was cut shall
be removed and replaced. If the surface is either hot-mix asphalt
or oil and chip, full-depth hot-mix asphalt shall be utilized for
the pavement replacement. Replacement pavement shall be installed
no less than two feet in each direction beyond the lateral edge of
the excavation trench.
E.
All utility structures (i.e., shutoff valves, vault boxes, lids,
poles, lines, markers, and the like) that pose a threat to public
safety shall be replaced when directed by the Village.
F.
Any pavement failures which may occur outside of the original restored
or repaired pavement or right-of-way area resulting from the utility
activity will be repaired by the responsible contractor or utility
company.
G.
Any person which plans to install any underground utilities within
a present or proposed street or sidewalk right-of-way area is required
to notify the Village a minimum of 24 hours prior to beginning work.
The notification shall include the exact location and nature of the
work to be performed. In emergency situations, the Village shall be
notified immediately upon the responsible party's decision that
excavation is required. Roadway or sidewalk area repairs or restoration
made without proper notification may require re-excavation and replacement
with approved backfill.
A.
General. The Village of Oakwood owns and maintains the public rights-of-way.
As such, it is in the public interest for the Village to allow the
use of its roadway rights-of-way by utility companies and other entities
on a permission-based basis. However, the rights of the Village to
utilize, operate and maintain its facilities within its right-of-way
shall be paramount.
B.
Relocations. The Village, at any time, for any reasonable public
purpose, may require the removal, relocation, adjustment, or other
modification of any utility facility. When notified to do so utility
companies shall relocate, adjust or otherwise modify their facilities
to accommodate the proposed Village activity. Said relocations, adjustments
or modifications shall be completed not less than 90 days after written
notification to the utility by the Village. Said relocations, adjustments
or modifications shall be at the sole cost of the utility.
C.
Rescission of use. The Village reserves the right, at any time, to
prohibit and rescind any use of the right-of-way, regardless of prior
use or custom and regardless of prior implied consent. The Village,
at any time, for any reasonable public purpose, may require the removal,
relocation, adjustment, or other modification of any unauthorized
use of the right-of-way by any person. When notified to do so, the
person shall remove, relocate, adjust or otherwise modify the unauthorized
use to comply with the Village directive. Said relocations, adjustments
or modifications shall be completed not less than 90 days after written
notification by the Village. Said relocations, adjustments or modifications
shall be at the sole cost of the person.
A.
General. Failure to comply with any of the requirements of this chapter shall constitute a municipal ordinance offense. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 56-1 of this Code of Ordinances.
B.
Parking. Penalties for parking violations under this chapter shall be issued in accordance with § 265-34 of this Code of Ordinances.
C.
Stormwater. Any person or owner determined by the Village, or a court having jurisdiction, to be in violation of any of the provisions of this chapter related to stormwater management shall be penalized in accordance with the penalties outlined in Chapter 144, Drainage, Article I, Stormwater Control.
D.
Utilities. 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 Village will incur delay or other
costs, including third-party claims, because the utility will not
or cannot perform its duties under its permit and this chapter. Unless
the utility shows that another allocation of the cost of undertaking
the requested action is appropriate, the utility shall bear the Village's
costs of damages and its costs of installing, maintaining, modifying,
relocating, or removing the facility that is the subject of the permit.
No other administrative agency or commission may review or overrule
a permit-related cost apportionment of the Village. Sanctions may
be imposed upon a utility that does not pay the costs apportioned
to it.
